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(영문) 서울남부지방법원 2018.07.03 2017노1205
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (eight months of imprisonment and two years of suspended sentence) is deemed to be too uneasy and unfair.

2. The court below’s sentencing seems to have been conducted within the reasonable scope of discretion, and the sentencing of the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the above legal doctrine, the court below’s sentencing seems to have been conducted within the reasonable scope of discretion, and there are no special circumstances that could be evaluated differently from the sentencing conditions of the court below up to the trial, and thus, it is difficult to deem that the court below’s punishment is too unfair because it is too unfair, given that, although the Defendant was punished for the same kind of crime in the past, the Defendant was only sentenced to a fine on one occasion as an assault since 2001, and there was no change in the circumstances revealed in the proceedings of the instant case, such as violence since 201.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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